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(영문) 의정부지방법원 고양지원 2014.11.13 2014고단622
명예훼손등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

From February 27, 2013, the Defendant served as the head of a department in charge of duties, such as dispatch and personnel management, in “Co.” from around February 27, 2013.

Around September 2, 2013, the Defendant filed a complaint with an investigative agency on the charge of litigation fraud in the victim E, F, G, H, I, J, K, L, M, N, etc. on August 6, 2013 at the above office of the company located in Pakistan-si, the Defendant is deemed to be “the timely statement of this case” for convenience after “the aforementioned E, etc. stolen the official seal of the Korea Labor Agency and deceives the court by the judgment of the court, thereby deceiving the person concerned of the bus industry,” and “the above E, etc. requested the payment of holiday allowances again.” The phrase “business cooperation prior” stating the names and resident registration numbers of the victims is deemed to be “the timely statement of this case.” The Defendant sent the document as set forth in the item (a), by facsimile, to the entire team of the new transportation, Hansung Transportation, Han-ju Transportation Co., Ltd. and the Dong Shipping Shipping Co., Ltd., Ltd., by means of facsimile.

However, the victims of fact did not have committed any act of using the official seal of the Korea Labor Agency and deceiving the court.

On September 27, 2013, with respect to the case in which C filed a complaint against victims in fraud, the prosecutor of the Goyang District Prosecutors' Office issued a disposition on September 27, 2013.

Accordingly, the defendant injured the honor of the victims by openly pointing out false facts, and provided a third party with personal information without the consent of the victims.

Summary of Evidence

1. Partial statement of the defendant;

2. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

3. Statement of the police officer to E;

4. A copy before business cooperation (Evidence No. 3), a statement of reasons for dispatch before business cooperation (Evidence List No. 7), a notice of reasons for non-prosecution (Evidence List No. 14), a confirmation letter (Evidence List No. 18), a confirmation letter (Evidence List No. 19), a petition answer (Evidence List No. 22), and a criminal investigation report (Evidence List 33).

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